tokfandomcom-20200215-history
Regulatory law
Regulatory law refers to law promulgated by an executive branch agency under a delegation from a legislature. Discussed at and . Regulatory law contrasts to promulgated by the legislative branch, and or promulgated by the judicial branch. The law that governs conduct of administrative agencies (both promulgation of regulations, and adjudication of applications or disputes), and judicial review of agency decisions, is called . Administrative law is promulgated by the legislature (and refined by judicial common law) for governing agencies. The administrative agencies are to create procedures, applications, licenses, appeals and one other important thing called decision making. Administrative Procedure Act is responsible for all the Federal agency policies. Some states have started following the policies through law or by regulation In s and s of , primary legislation and secondary legislation, the latter also called delegated legislation or subordinate legislation, are two forms of , created respectively by the and branches of government. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (mainly via its ), creating legally enforceable regulations and the procedures for implementing them. Canada In , primary legislation (also called statute law) consists of acts of the and the legislatures of the provinces, and of made under the Royal Prerogative. Secondary legislation (also called regulation) includes laws made by federal or provincial Order in Council by virtue of an empowering statute previously made by the parliament or legislature. Civil law jurisdictions are almost universal in Europe, with the exceptions of England, Wales, Northern Ireland and the Republic of Ireland, as well as in Central and South America, much of Africa and Asia. In all cases, a parliament will issue primary legislation, with lesser bodies granted powers to issue delegated legislation. A judicial review may be provided by a . }} European Union Each member state of the (EU) has its own laws, and there is also overall EU law. The founding treaty, the 1957 , and all subsequent treaties, such as the , , and , are the main primary legislation. The Treaty of Rome gives powers to make secondary legislation. Member states must surrender some national jurisdiction powers to the European Union; these delegated powers are exercised by the , and acting in concert, having consulted the and the . The powers are exercised via binding Regulations, Directives, Decisions, and non-binding Recommendations and Opinions. * A Regulation is a law which is binding in its entirety and directly applicable in all Member States without needing national implementation. EU citizens may have to pursue breaches of regulations and treaties, as in . * A Directive is an order to Member States to pass legislation. It is "binding as to the result to be achieved", but Member States can choose their own form of implementation. EU citizens may have standing to pursue failures to implement, as in . * A Decision is a law that addresses a specific issue. Addressees may challenge a decision via Judicial Review. The Commission may take executive action in pursuance of policy, and may even act quasi-judicially in matters of EU competition law, a power defined in and . Privileged parties, such as Member States, EU Institutions, and those with specific standing, may initiate litigation. For example, the Commission may sue Member States for breaches of EU obligations, and Member States may sue Institutions or other Member States for breach of EU law. Hong Kong United Kingdom Primary legislation In the , and other nations, primary legislation can take a number of different forms: * An . * An , or or * An made under the * – the instruments by which changes are made to legislation relating to the administration and organisation of the Church (UK only). Secondary legislation In the United Kingdom, secondary legislation (also referred to as delegated legislation or subordinate legislation) is law made by an executive authority under powers delegated by an enactment of primary legislation, which grants the executive agency power to implement and administer the requirements of that primary legislation. Forms of secondary legislation in the United Kingdom include: * – made in a variety of forms, most commonly , regulations, rules and orders. The form to be adopted is usually set out in the enabling Act. * Special Procedure Orders – a form of delegated legislation to which special parliamentary procedure applies. Part of this procedure gives those people or bodies who are especially affected by the order the right to petition against it to either House. * s – statutory instruments which need to be approved by both Houses and affect some members of a group (whether individuals or bodies) more than others in the same group. United States Primary legislation In the United States, primary legislation is, at the federal level, an , and the statute that delegates authority is called an authorizing statute or delegation of rule making authority. Regulatory law A law promulgated by the executive branch agency of the United States Government as the result of primary legislation is called a regulatory law, as legislation is used only to refer to acts of the legislative branch, never the executive or the judicial branches. The body of law that governs the agency's exercise of rule making and adjudication powers is called " ," primarily the . In a 2013 majority opinion of the , Associate Justice stated that Notes References Category:Civilization